Personal injury guide

What is a duty of care

Every negligence claim has to establish this before anything else. It sounds abstract, and it decides whether there is a claim at all.

Short answer

A duty of care is a legal responsibility to take reasonable steps to avoid causing harm to people who might reasonably be affected by your actions. It's a foundational concept in personal injury law, first established through case law nearly a century ago (Donoghue v Stevenson, 1932), and it applies broadly, between drivers and other road users, employers and employees, and businesses and members of the public.

In more detail

Who owes a duty of care to whom?

It depends on the relationship and situation. Drivers owe a duty of care to other road users, employers owe one to their employees, and occupiers of premises, shops, venues, landlords, owe one to visitors. The specific standard expected varies by context, but the underlying principle, taking reasonable care to avoid foreseeable harm, is consistent.

What does "reasonable" actually mean here?

Courts assess what a reasonable person, or reasonable employer, driver, or occupier, would have done in the same situation, not perfection. A duty of care doesn't mean guaranteeing nothing will ever go wrong, it means taking sensible, proportionate steps to prevent foreseeable harm.

What happens when a duty of care is breached?

A breach occurs when someone fails to meet the standard of care expected of them, for example, an employer not providing proper safety equipment, or a driver not maintaining a safe following distance. For a personal injury claim to succeed, this breach generally needs to have caused the injury in question.

Is a duty of care the same as negligence?

They're closely related but not identical. A duty of care is the underlying responsibility, negligence is what's alleged when that duty is breached and causes harm. A personal injury claim typically needs to establish both, that a duty existed, and that it was breached in a way that caused your injury.

Common questions

Frequently asked questions

Does everyone owe everyone else a duty of care?

No, a duty of care generally needs to be established based on the relationship and circumstances, it isn't automatically owed in every situation between any two people.

Can a duty of care be owed to someone trespassing on a property?

In limited circumstances, yes, though the standard expected is generally lower than for a lawful visitor.

How does this relate to my specific claim?

We'll assess whether a duty of care existed and was breached as part of reviewing your claim, this is one of the first things we look at.

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